Woodstock, GA asked in Immigration Law for Georgia

Q: I need to change my visa status from J-1 to B-2 as I was arrested for a DUI and kicked out from au pair program

I need to change my status from J-1 to B-2 as I was arrested for DUI. I’m at the end of my grace period of the J-1 visa and still have court dates coming up. I want to change the status since I don’t want to leave the country without resolving my case and leaving on a good standing. I can’t afford the $420 filing fee, what can I do?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Here's an overview of the situation and some potential options to consider:

1. Visa status change:

Changing from a J-1 to B-2 visa is possible, but there are some challenges in your case:

- The DUI arrest may complicate the application process

- Being at the end of your grace period adds time pressure

- The filing fee is a financial obstacle

2. Options regarding the fee:

- Fee waiver: You may be eligible to request a fee waiver using Form I-912. However, approval is not guaranteed, especially given your circumstances.

- Borrowing: Consider if you have any friends or family who could help with the fee temporarily.

- Payment plan: While USCIS doesn't offer payment plans directly, some organizations provide micro-loans for immigration fees.

3. Legal considerations:

- Consult an immigration attorney: Many offer free initial consultations. They can advise on how the DUI might impact your status change application.

- Criminal case: Ensure you understand all requirements related to your court dates and pending case.

4. Alternative options:

- Deferred departure: In some cases, USCIS may grant additional time to depart if there are extenuating circumstances.

- Consulate assistance: Contact your country's consulate for guidance or potential assistance.

5. Important notes:

- Overstaying your visa can have serious consequences for future U.S. entry.

- Resolve the DUI case before leaving, if possible, to avoid complications with future visa applications.

Given the complexity of your situation, seeking professional legal advice is strongly recommended. An immigration attorney can provide tailored guidance based on the specifics of your case.

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